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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 204 -
DELEGATING TO THE SECRETARY OF LABOR AND EMPLOYMENT THE POWER TO
EXERCISE ADMINISTRATIVE SUPERVISION OVER THE NATIONAL LABOR RELATIONS
COMMISSION
WHEREAS,
Executive power is vested in the President under Section 1, Article VII
of the Constitution and under Section 11, Chapter 3, Book II of
Executive Order No. 292, otherwise known as the “Revised Administrative
Code of 1987” (the “Administrative Code”);
WHEREAS, Section 17, Article VII of the Constitution provides that the
President shall have control of all executive departments, bureaus and
offices and shall ensure that the laws be faithfully executed;
WHEREAS, the National Labor Relations Commission [NLRC] which was
created by virtue of Presidential Decree No. 442, otherwise known as
the “Labor Code of the Philippines,” is an agency under the Executive
Department and was originally envisaged as being an integral part of
the Department (then Ministry) of Labor and Employment [DOLE] under the
administrative supervision of the Secretary of Labor and Employment
[“Secretary of Labor”];
WHEREAS, upon the issuance of the Administrative Code, the NLRC, by
virtue of Sec. 25, Chapter 6, Title VII, Book IV thereof, became an
agency attached to the DOLE for policy and program coordination and
administrative supervision;
WHEREAS, Article 213 of the Labor Code and Sec. 25, Chapter 6, Title
VII, Book IV of the Administrative Code were amended by Republic Act
No. 6715 approved on March 2, 1989, which provides that the NLRC shall
be attached to the DOLE for program and policy coordination only and
transferred administrative supervision over the NLRC, all its regional
branches and personnel to the NLRC Chairman;
WHEREAS, Section 16, Article III of the Constitution guarantees the
right of all persons to a speedy disposition of their cases before all
judicial, quasi-judicial and administrative bodies;
WHEREAS, after consultations with the relevant sectors, the Secretary
of Labor has recommended that the President, pursuant to her powers
under the Constitution and existing laws, delegate to the Secretary of
Labor the power to exercise administrative supervision over the NLRC
and all its regional and sub-regional branches or provincial extension
units with the objective of further improving the rate of disposition
of pending cases and enhance existing measures for the prevention of
graft and corruption within the said agency;
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by the
Constitution and existing laws, do hereby order:
Section 1.
For this purpose, the Secretary of Labor, in the exercise of such
delegated authority, shall, among others:
a.
b.
c.
d.
The delegation of authority conferred herein upon the Secretary of Labor shall not extend to the power to review, reverse, revise, or modify the decisions of the NLRC in the exercise of its quasi judicial functions [cf. Sec. 38(2)(b), Chapter 7, Book IV, Administrative Code].
Sec. 2.
a.
b.
c.
d.
Sec. 3.
Sec. 4.
Sec. 5.
City of Manila, May 5, 2003.
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